It's a quiet Good Friday at the office catching up on reading (both legal and nonlegal) and looking over some old Easter photos while the boys are sleeping late at home before we head out for an abbreviated spring break.
I particularly like this one where I'm already expressing an interest in plaid sportcoats, my grandfather is looking appropriately dignified amid the chaos that was fashion in 1970, and what the hell is that on my mother's head?
Jillian Centanni has a good article 11 Lessons From A Year Of Post-Octane Atty Fee Decisions on Law360, in which she provides some useful guidance from the recent district court cases concerning whether a case is "exceptional" under section 285 for purposes of recovery of attorney's fees. To summarize, Vince Lombardi once said that “winning is not everything, it is the only thing” but he can't have been talking about section 285, because the courts are holding that winning is, well not much at all, actually. It takes something more, and the article provides a useful checklist of what that something might or might not be. It is a shame that she didn't cite any of the opinions by Federal Circuit judges Bryson and Dyk sitting by designation in the Eastern District of Texas on this point, since they might provide some useful guidance into how the new standard might be perceived on appeal since that is, you know, their day job. They are not inconsistent with the cases that she did cite, but in my experience, you are wasting a good opportunity to mooch off someone else's very good work if you don't check for cases by Judge Bryson first...
And as I have posted recently, I have been speaking on the topic of productivity, the paperless office and office technology a lot lately, and am getting ready for yet another presentation on the topics to the Smith County Bar Association in Tyler next Friday. In the process of updating my presentation, I ran across a good article by Professor Naomi Baron on a topic I like to cover, which is the difference between handling reading on paper and on a computer screen. In Why Reading On A Screen Is Bad For Critical Thinking, Professor Baron points out some issues that I have seen come up repeatedly in discussing how we read and process information. Specifically, studies are consistently showing that people concentrate better when reading on paper, and remember what they have read better. Unfortunately, studies also show that we significantly overestimate what we remember and learned when it was on a computer screen. I cite and discuss some of those studies in my paper on the subject, and will talk about that in Tyler next week.
Speaking of personal productivity, I am always glad to see a good article explaining the Getting Things Done (GTD) system by David Allen, and ran across a new good summary of it a couple of weeks back, GTD 101: The Beginner’s Guide To Getting Things Done by Michael Schmitz (who almost has a really good name) on the www.asianefficiency.com website. If you aren't familiar with the system, and don't want to take the time to read the book to find out what it is about – in the article does note that the book is a little lengthy and repetitive - it is one of the best summaries I have seen, and should help you decide if the system is for you.
Finally, Matt Mcfarland (who apparently has some issues with capitalization - the "f" is not a typo) and has an interesting article in the Washington Post Why shades of Asperger’s Syndrome are the secret to building a great tech company, that points up the potential benefits of not having the conventional attachment to social norms that is a characteristic of some forms of autism, including Asperger's. No particular reason I'm interested in this.
Let's see - what else? A few venue orders, a raft of Twiqbal orders (one of which I posted on yesterday), a long list of miscellaneous commercial and criminal cases from Sherman and Plano, and last but not least, an interesting order on a Daubert motion excluding a plaintiff's damages expert for running afoul of the entire market value rule (more or less) on a damages expert in a patent case, and also suggesting that some revisions in light of a marking issue might be in order. As my college roommate used to say, "Good stuff, Maynard."
Well, that's enough work for a day we're closed - off to Gucci's for a light (ha!) lunch, then time to hit the road. Hope everyone has a good holiday weekend. Happy Easter, and may all the eggs you find be golden.